Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 9, 2026
CASE NO(S).: OLT-25-001009
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Martillac Estates Inc. (Treasure Hill)
Subject: Minor Variance
Description: To permit the construction of 306 stacked back-to-back townhouses
Reference Number: A/162/2025
Property Address: 1359 Dundas Street West
Municipality/UT: Town of Oakville/ Regional Municipality of Halton
OLT Case No.: OLT-25-001009
OLT Lead Case No.: OLT-25-001009
OLT Case Name: Martillac Estates Inc. (Treasure Hill) v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Martillac Estates Inc. (Treasure Hill)
Subject: Minor Variance
Description: To permit the construction of 306 stacked back-to-back townhouses
Reference Number: A/163/2025
Property Address: 1359 Dundas Street West
Municipality/UT: Town of Oakville/ Regional Municipality of Halton
OLT Case No.: OLT-25-001010
OLT Lead Case No.: OLT-25-001009
Heard: March 30-31, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel
Martillac Estates Inc.
Paul DeMelo
Town of Oakville
Andrew Biggart
Dennis Perlin
DECISION DELIVERED BY J. INNIS AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter comes before the Tribunal as an appeal by Martillac Estates Inc. (“Applicant”) of a decision by the Committee of Adjustment for the Town of Oakville (“Town”), which refused an application for Minor Variances to permit the construction of stacked townhouse dwellings on lands municipally known as 1359 Dundas Street West.
PROCEDURAL MATTER
2A two-day Merits Hearing had been scheduled for this matter. Prior to the commencement of the hearing, the Applicant advised the Tribunal, on consent of the Parties, that it would be seeking an adjournment.
3At the attendance before the Tribunal, the Applicant confirmed that the request was being made in order to permit revisions to its proposal in an effort to address concerns raised by the Town. The Applicant indicated that the revised proposal would continue to require Minor Variance relief and would include an increase in building height to four storeys.
4The Town agreed that an adjournment was appropriate in these circumstances. However, the Parties differed on the timing of the rescheduled hearing. The Applicant requested that the matter proceed at the end of May 2026, while the Town expressed a preference for dates in September 2026.
5Counsel for the Town also raised a concern that the Applicant may seek to advance a related site plan matter concurrently with the rescheduled hearing. The Applicant confirmed that no such appeal has been filed and that it does not intend to do so at this time. The Applicant further advised that, should an appeal be filed in the future and timing permit, it may seek consolidation, although it anticipates that consolidation would not be necessary. However, the Applicant indicated that it does not anticipate that would be necessary, as it expects that if the Minor Variances were to be approved, the site matters could be addressed through the Town’s municipal approval process.
6The Tribunal has the authority to grant an adjournment on consent, and set a fixed hearing date, pursuant to Rule 17.5(b) of the Tribunal’s Rules of Practice and Procedure. In exercising that discretion, the Tribunal considered the need to ensure a fair and expeditious hearing of the merits. The Tribunal is satisfied that the timelines proposed by the Applicant provide sufficient opportunity for the Parties to review the revised materials and to update any witness statements, while allowing the matter to proceed without unnecessary delay.
7The Tribunal granted the adjournment on consent and confirmed that a 3-day hearing will commence on May 25, 2026, and provided the following directions:
The Applicant shall provide its revised submission materials to the Town no later than April 3, 2026, at 12:00 p.m.;
The parties shall exchange updated witness statements no later than May 15, 2026; and
The parties shall prepare and file a joint document book with the Tribunal no later than May 20, 2026.
8Further, the Tribunal advised the Parties of the availability of Tribunal-led mediation. Both parties indicated that they would consider this option and would contact the Tribunal should they wish to proceed.
HEARING
9Upon request of the parties, the Tribunal set a 3-day hearing commencing on Monday, May 25, 2026, at 10 a.m. by Video Hearing. No further Notice is required for the hearing.
10Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
GoTo Meeting: https://global.gotomeeting.com/join/765631861
Access code: 765-631-861
11Parties and/or Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391. The access code is as indicated above.
13Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
14As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.
ORDER
15THE TRIBUNAL ORDERS THAT the motion to adjourn brought by Martillac Estates Inc. is granted and the merit hearing is adjourned to Monday May 25, 2026.
“J. Innis”
J. InniS
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.